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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
BIBHU DATTA GURU
Rampyare, S/o Ram Awatar Ahir – Appellant
Versus
Ramkishun, S/o Jagdev Ahir – Respondent
| Table of Content |
|---|
| 1. overview of the case and dispute over land ownership. (Para 1 , 2) |
| 2. defendant's arguments denying will's authenticity and asserting ownership. (Para 3 , 6) |
| 3. trial court's dismissal of plaintiff's suit for lack of proof. (Para 4 , 5) |
| 4. appellants' claim based on a 30-year-old will and related evidence issues. (Para 7 , 9) |
| 5. legal requirements for proving wills and the inapplicability of certain presumptions. (Para 10 , 11 , 12 , 13) |
| 6. court's limited interference in second appeals and affirmation of lower court findings. (Para 14 , 15 , 16 , 18 , 19) |
| 7. final dismissal of the appeal. (Para 20) |
JUDGMENT :
Bibhu Datta Guru, J.
1. By the present appeal under Section 100 of the CPC, the appellants/plaintiffs challenging the impugned judgment and decree dated 01/01/2020 passed by the learned 1st Additional District Judge, Manendragarh, District Korea, C.G. in Civil Appeal No.30A/2019 (Rampyare & Anr Vs. Ramkishun & Anr) arising out of the judgment dated 19/07/2016 passed by the learned Civil Judge Class-I, Manendragarh, District Korea, C.G. in Civil Suit No.48A/2016 (Rampyare & Anr Vs. Ramkishun & Anr) whereby the learned appellant Court dismissed the appeal and affirmed
A will must be proven in accordance with statutory requirements; the presumption for documents over 30 years old does not apply to wills under Indian law.
(1) Presumption contemplated under Section 90 of Indian Evidence Act in respect of documents more than 30 years old does not apply to a Will.(2) Second Appeal – Scope of interference in a Second Appe....
The presumption of execution and attestation of a 'WILL' over 30 years old can be drawn under Section 90 of the Indian Evidence Act if produced from proper custody.
The presumption under Section 90 of the Indian Evidence Act does not apply to Wills, necessitating proof of execution and attestation by the propounder.
Point of Law - Section 16 (c) of the Act of 1963 provides that specific performance of a contract cannot be enforced in favour of a person who fails to prove that he has performed or has always been ....
(1) Proof of execution of Will – If one attesting witness can prove execution of Will, examination of other attesting witness can be dispensed with.(2) Where Will is a registered document, there is p....
A will's validity requires proof of execution, with the burden resting on its propounder to eliminate any suspicious circumstances surrounding its execution.
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